VANCOUVER, British Columbia (AP) — A court in Vancouver opened a hearing on Wednesday to determine whether a man accused of killing 11 people by ramming an SUV into a crowd during a Filipino heritage festival in April was mentally fit to stand trial.
Adam Kai-Ji Lo, 30, was originally charged with eight counts of second-degree murder in the tragedy that struck the Lapu Lapu Day Street festival in Vancouver, British Columbia. Dozens of people were also injured. Police say six of the injured remain in hospital in stable condition.
Vancouver police laid three additional charges on Tuesday, bringing the total number of counts to 11.
Investigators had previously ruled out terrorism and said Lo had a history of mental health issues.
Witnesses at the time described narrowly jumping out of the way of the speeding vehicle as bodies flew through the air.
Provincial Court Judge Reg Harris has ordered a ban on publicizing any evidence presented during the hearing.
Lo, who is being held in a forensic psychiatric facility, attended previous hearings by a video link. He was in the courtroom on Wednesday but watched the proceedings from behind a plexiglass barrier. At times he sat with his hands folded in his lap or resting them by his side.
Earlier Wednesday, prosecutor Michaela Donnelly said a decision expected Friday from the Supreme Court of Canada could affect how lower courts view the standard of fitness to stand trial.
“The law might be changed overnight,” said Donnelly. “That raises the question should we even start.”
Harris said that since witnesses were ready to testify, it made sense to him that the hearing continue.
Isabel Grant, a professor at the Allard School of Law at the University of British Columbia in Vancouver, said the purpose of the hearing is to determine if the accused is able to participate in their trial.
“The test in Canada for unfitness is whether (the person) is unable, on account of mental disorder, to conduct a defense at any stage of the proceedings,” said Grant.
Key questions, she said, are whether the suspect can understand the nature of the proceedings, do they understand the consequences of the proceedings and are they able to communicate with their attorneys.
If the person is found fit, a trial can proceed. A person found unfit to stand trial would be held at a forensic psychiatric institution where they would undergo psychiatric treatment “with a view of rendering (them) fit to stand trial,” Grant said.
A review board would determine if the treatment the suspect received made them fit to stand trial. The person could also spend the rest of their life in a psychiatric facility.
“It is quite possible you would have someone found unfit, and then later fit,” she said.
The hearing continues on Thursday.
